Human Rights Watch: IDF probe into Palestinian deaths a 'sham'

By The Associated Press

Haaretz

Sivan 15, 5765

The New York-based Human
Rights Watch said in a report Wednesday that the Israel Defense Forces
investigation of Palestinian civilian casualties is a "sham," and
encourages soldiers to think they can act with impunity.

The IDF
said in response there was no basis to the whitewashing charge.

All
allegations claiming that innocents or terrorists had been killed as a
result of the [military] opening fire in violation of official rules of
engagement are thoroughly and seriously examined," the military said in a
statement responding to the report.

Since the Palestinian intifada
began in 2000, Israeli forces have killed or seriously injured thousands
of Palestinians who weren't taking part in the hostilities, Human Rights
Watch said in its 126-page report. But they have investigated less than 5
percent of the fatal incidents to determine whether soldiers used force
unlawfully, and the investigations they did conduct were found wanting by
international standards of impartial inquiries, the group
said.

"Most of Israel's investigations of civilian casualties have
been a sham," said Sarah Leah Whitson, Middle East director at Human
Rights Watch. "The government's failure to investigate the deaths of
innocent civilians has created an atmosphere that encourages soldiers to
think they can literally get away with murder."

The military said
it had investigated more than 130 cases of soldiers opening fire against
regulations. Twenty-eight indictments have been handed up, including one
indictment on a manslaughter charge, it said.

Six soldiers have
been convicted, and one has been acquitted. The rest of the cases are
being processed, the IDF said.

Human Rights Watch said the crux of
the problem was a military justice system that relied on the questioning
of soldiers to determine whether a military police investigation is
warranted.

These questioning sessions don't seek or consider
testimony from victims or non-military witnesses, and don't try to
reconcile discrepancies between soldiers' accounts, and video, medical or
witness evidence, the group said.

It urged the military to set up
an independent body to investigate allegations of serious human rights
abuses by Israeli security forces.

The military said the
questioning sessions "allow soldiers to express themselves under
conditions of confidentiality, and are therefore effective and reliable
tools that can be used to determine what transpired during the event."
Investigative efforts continue beyond these sessions, it
said.